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copies of such policy or policies upon request by the Agency. Licensee shall also file with Agency
<br />the following signed certification:
<br />"I am aware of, and will comply with, Section 3700 of the
<br />Labor Code, requiring every employer to be insured against
<br />liability of Workers' Compensation or to undertake self-
<br />insurance before commencing any of the work."
<br />(4) Licensee shall comply with Sections 3700 and 3800 of the Labor
<br />Code by securing, paying for and maintaining in full force and effect from and after the Closing, and
<br />continuing prior to entry onto the Property pursuant to this Agreement, with the earlier to occur of
<br />expiration of the Term or acquisition of the Property by Licensor under the DDA, complete workers'
<br />compensation insurance, to statutory limits, with employer's liability limits not less than One Million
<br />Dollars ($1,000,000) per occurrence, and shall furnish a Certificate of Insurance to the Agency prior
<br />to entry onto the Property pursuant to this Agreement, before the commencement of construction.
<br />All Additional Insureds shall not be responsible for any claims in law or equity occasioned by the
<br />failure of the Licensee to comply with this Section 2(d). Every workers' compensation insurance
<br />policy shall bear an endorsement or shall have attached a rider providing that, in the event of
<br />expiration or proposed cancellation of such policy for any reason whatsoever, the Agency shall be
<br />notified, giving the Licensee a sufficient time to comply with applicable law, but in no event less
<br />than thirty (30) days before such expiration, cancellation, or reduction in coverage is effective or ten
<br />(1 O) days in the event of nonpayment of premium.
<br />(5) Should any of the required insurance coverage required be written
<br />with an annual aggregate such aggregate shall be disclosed in writing to the Agency.
<br />(6) If Licensee fails or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish the Agency with required proof that insurance
<br />has been procured and is in force and paid for, the Agency shall have the right, at its election, to
<br />forthwith terminate this Agreement.
<br />e. Licensee shall not permit any mechanics', materialmen's or other liens of any
<br />kind or nature ("Liens") to be filed or enforced against the Property in connection with this
<br />Agreement. Licensee shall indemnify, defend and hold harmless Agency from all liability for any
<br />and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees,
<br />arising from any Liens. Agency reserves the right, at its sole cost and expense, at any time and from
<br />time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on
<br />the Property, any notices of non-responsibility or other notice as may be desirable to protect Agency
<br />against liability. In addition to, and not as a limitation of Agency's other rights and remedies under
<br />this Agreement, should Licensee fail, within thirty (30) days of written request from Agency, either
<br />to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless Agency
<br />from and against any loss, damage, injury, liability or claim arising out of a Lien, then Agency, at its
<br />option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment
<br />related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to
<br />Agency; as applicable; by Licensee upon writtemdemand. -
<br />f. Licensee shall not have any interest in the Property or be entitled to any
<br />reimbursement or repayment for any work performed upon the Property pursuant to this Agreement.
<br />DOCSOC/ 1523614x9/20 0272-0 00 1
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